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Nuguid Vs Nuguid
Nuguid Vs Nuguid
Nuguid Vs Nuguid
Facts:
Rosario Nuguid died single, without descendants, legitimate or
illegitimate. Surviving her were her legitimate parents
[appellees], and six siblings [including petitioner-appellant].
On May 1963, petitioner filed in CFI Rizal a petition for probate
the holographic will of Rosario. On June 1963, appellants
opposed the probate on the ground that by the institution of
petitioner as universal heir of Rosario, oppositors - appellants
[who are compulsory heirs of Rosario in the direct ascending
line] were illegally preterited and that in consequence thereof,
the institution is void.
Issues:
1. Whether or not the CFI can pass upon the intrinsic validity
of the will. [YES]
2. Whether or not there is preterition in this case. [YES]
Ruling:
Decision Appealed from is Affirmed.
(Sgd.) Illegible
T/ ROSARIO NUGUID"
"Art. 814. The preterition of one or all of the forced heirs in the
direct line, whether living at the time of the execution of the
will or born after the death of the testator, shall void the
institution of heir; but the legacies and betterments 4 shall be
valid, in so far as they are not inofficious. . ."
And now, back to the facts and the law. The deceased Rosario
Nuguid left no descendants, legitimate or illegitimate. But she
left forced heirs in the direct ascending line her parents,
now oppositors Felix Nuguid and Paz Salonga Nuguid. And, the
will completely omits both of them: They thus received
nothing by the testament; tacitly, they were deprived of their
legitime; neither were they expressly disinherited. This is a
clear case of preterition. Such preterition in the words of
Manresa "anulara siempre la institucin de heredero, dando
caracter absoluto a este ordenamiento," referring to the
mandate of Article 814, now 854 of the Civil Code. 9 The one-
sentence will here institutes petitioner as the sole, universal
heir nothing more. No specific legacies or bequests are
therein provided for. It is in this posture that we say that the
nullity is complete. Perforce, Rosario Nuguid died intestate.
Says Manresa:
On top of this the fact that the effects flowing from preterition
are totally different from those of disinheritance. Preterition
under Article 854 of the Civil Code, we repeat, "shall annul the
institution of heir." This annulment is in toto, unless in the will
there are, in addition, testamentary dispositions in the form of
devises or legacies. In ineffective disinheritance under Article
918 of the same Code, such disinheritance shall also "annul
the institution of heirs," but only "insofar as it may prejudice
the person disinherited," which last phrase was omitted in the
case of preterition. 21 Better stated yet, in disinheritance the
nullity is limited to that portion of the estate of which the
disinherited heirs have been illegally deprived. Manresas
expressive language, in commenting on the rights of the
preterited heirs in the case of preterition on the one hand and
legal disinheritance on the other, runs thus: "Preteridos,
adquieren el derecho a todo; deshereda dos, solo les
corresponde un tercio o dos tercios, 22 segn el caso." 23
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